Also known as: inferences · infer · presumption
Written by attorneys · grounded in primary & secondary sources — see below
A conclusion reached by considering other facts and deducing a logical consequence from them.
Igor Ito sent a signed purchase order to Infinity Bank for a loan without any cover letter stating acceptance. The bank began disbursing funds the next day. Igor later claimed no contract existed because he never said yes in words. The bank argued that Igor's act of sending the order allowed the inference that he assented to the terms.
Isaiah Ishikawa was injured when a heavy crate fell from a shelf in Indigo Textiles' warehouse while he was a visitor. No one saw the shelf collapse, but evidence showed the shelf had been installed and maintained solely by Indigo. The court decided whether the jury could reasonably infer that Indigo's negligence caused the injury.
Select any source to read its text and confirm it supports the definition.
Isaac Irving's wife wrote him a letter describing their joint business dealings. Prosecutors subpoenaed the letter in a fraud case against Isaac. Isaac asserted the marital communications privilege. The government bore the burden of overcoming the presumption that the letter was confidential.
Iain Irons stabbed his victim in the chest with a kitchen knife during an argument. The victim died from the wound. At trial the prosecution introduced no other evidence of Iain's mental state. The factfinder could infer from the use of the knife aimed at a vital area that Iain acted with intent to kill.
Isla Ireland signed a writing promising her brother that she would leave him her house in her will. After Isla died her will contained no such provision. The brother sought to enforce the promise. He could prove the contract only by producing the signed writing or by showing an express reference in the will plus extrinsic evidence.
Ironwood Capital sued Inertia Dynamics on a note. Ironwood introduced evidence that payments had not been made for three years, triggering a presumption of nonpayment. Inertia introduced bank records showing the payments had in fact been made. The burden of producing evidence to rebut the presumption shifted back to Ironwood.
An inference is a conclusion the factfinder may draw from proven facts. A presumption shifts the burden of producing evidence to the opposing party. The burden of persuasion remains on the party who originally bore it.
The court determines whether the inference may reasonably be drawn by the jury or whether it must necessarily be drawn. If different conclusions may reasonably be reached, the jury decides whether to draw the inference.
When a defendant intentionally uses a deadly weapon directed at a vital part of the victim's body, the factfinder may infer an intent to kill. A deadly weapon is any instrument used in a manner calculated or likely to cause death or serious bodily injury.
Some courts allow an adverse inference only if the party's failure to produce evidence within its control is attributable to bad faith.
Supporting sources
…proof of actual malice for an award of punitive damages, where general damages are concerned malice is "presumed." Such a presumption is inconsistent with the federal rule. "The power to create presumptions is not a means of escape from constitutional restrictions," Bailey v. Alabama, 219 U. S. 219, 239; "the showing of…